United States District Court, D. New Jersey
In re Cheryl Ackerman Debtor.
David Wolff, Esq. Defendant. Cheryl Ackerman, Plaintiff,
MEMORANDUM AND ORDER DENYING MOTIONS FOR NEW HEARING
AND STAY OF BANKRUPTCY CASE
MCNULTY, UNITED STATES DISTRICT JUDGE
matter comes before the Court on the pro se Appellant Cheryl
Ackerman's appeal (ECF no. 1) from an Order by Judge
Rosemary Gambardella of the United States Bankruptcy Court
for the District of New Jersey, dated March 9,
2018.Although the Appellant is surely aggrieved
and deeply affected by the bankruptcy, she has no proffered
any viable legal grounds for overturning the bankruptcy
holding a hearing on its own Order to Show Cause, the
Bankruptcy Court issued the March 9, 2018 Order, which reads
1. The respective Debtor motions (including motions to
convert the case to Chapter 13, for reconsideration of prior
motions, to reimpose automatic stay, etc.) found at Docket
Nos. 120, 127, 134 and 137 are all denied.
2. The Debtor shall only be allowed to file a motion in the
future for relief previously sought and denied, only if all
of the following conditions are met via the filing of a
supporting Certification, signed under penalty of perjury,
that evidences the following:
a) any claims the Debtor wishes to present are new claims
never before raised and disposed of on the merits;
b) the Debtor believes the facts alleged to be true, which
facts must be supported by documentary proof; and
c) the Debtor knows of no reason to believe her claims are
foreclosed by controlling law.
3. If all conditions set forth in paragraph 2 above are met,
the Court will subsequently schedule a return date for said
Order also included handwritten text stating: "THE
CONDITIONS SET FORTH HEREIN SHALL APPLY TO ALL MOTIONS FILED
ON OR AFTER FEBRUARY 14, 2018. (ECF no. 1-1).
Appellant initiated appeal by filing a Notice of Appeal from
Bankruptcy Court on April 19, 20182 (ECF no. 1), with
attached Exhibit (ECF no. 1-1).
days later, on April 23, 2018, Appellant filed an
"Emergency Motion to Stay the Bankruptcy Court"
proceedings. (ECF no. 2). In the Motion, Appellant appeared
to 1) request a Stay of the Bankruptcy Court proceedings due
to her health issues, 2) object to Mr. Wolffs Motion to sell
Appellant's property free and clear of liens under
Section 363(f),  and 3) object to the Bankruptcy
Court's denial of Appellant's Motion to Convert a
Chapter 7 bankruptcy case to a Chapter 13 bankruptcy
case. (Id.) Attached to the Motion was
a copy of Section 706 of the Bankruptcy Code, which addresses
conversion of Bankruptcy cases. (Id.)
April 30, 2018, Appellant filed a letter reiterating her
request for an emergency stay, and asking this Court to grant
the stay before May 8, 2018.(ECF no. 3 at 1). Appellant stated
that she was "unable to move" and was requesting a
stay because of a "recent myocardial infarction. Cardiac
surgery. Fractured toe. Metarsal. With daily chest
pain." (Id.) The letter also included isolated
references to Appellant's motion to convert to a Chapter
13 case and Mr. Wolff. (Id. at 2). Attached to the
letter was a copy of Section 706 of the Bankruptcy Code, and
a copy of what appeared to be Appellant's March 2, 2018
electrocardiogram results. (Id. at 3-4).
3, 2018, I issued a Memorandum and Order denying
Appellant's Emergency Motion for Stay of Bankruptcy No.
17-17032. (ECF no. 4). On that same day, Appellant filed a
Motion to appoint pro bono counsel, (ECF no. 5), and a Motion
for an Order to Show Cause, which includes the same
contentions as Appellant's April 30, 2018 submissions,
(ECF no. 6).
next day, on May 4, 2018, Appellant filed a handwritten
letter described as an "urgent motion to show cause for
stay in bankruptcy court." (ECF no. 7 at
In the letter, she reiterated her request for an emergency
stay to be granted by this Court before May 8, 2018.
(Id. at 1). The letter states that the report of a
surgeon and/or cardiologist's report is provided.
(Id. at 1-2). No. report was included in this
days later, on May 7, 2018, Appellant filed a five-page
Supplement to her Motion to Stay, requesting an Order to Show
Cause. (ECF no. 8).
next day, on May 8, 2018, the Bankruptcy Court held its
scheduled hearing on Mr. Wolffs Motion to sell
Appellant's property, and issued an Order authorizing Mr.
Wolff to sell the property for the sum of $1, 025, 000 (after
the allowance of $25, 000 in inspection item repair credits)
to the Buyers ("Sale Order"). (Bankruptcy ECF no.
170). Under the terms of the Order, Appellant must remove all
of her personal property and vacate the property on or before
June 4, 2018. (Id. at 5). Accordingly, I deemed
Appellant's hearing-related requests in ECF nos. 6-8
moot. See (ECF no. 11 at 4).
the May 8th hearing, Appellant filed two
additional documents under this docket. (ECF nos. 9 and 10).
The first filing was made on May 15, 2018 and includes an
eleven-page submission, (ECF no. 9), and the second filing
was an "Emergency Motion to Stay the Bankruptcy
Court" filed on May 16, 2018 (ECF no. 10).
that hearing, in addition to making the above-described
filings in this Court under this docket, Appellant had also
filed other submissions in the Bankruptcy Court. In that
Court, on the same day that the Sale Order was issued,
Appellant filed a letter requesting a tape recording from
proceedings held on August 23, 2017 at 10:00
(Bankruptcy ECF no. 171). She also requested a waiver of the
cost of the tape. (Id.) Two days later, on May 10,
2018, she filed a Notice of Appeal to District Court
regarding the Sale Order (Bankruptcy ECF no. 173), and a Motion
for a Stay in Bankruptcy Court pending the District
Court's decision on that appeal, (Bankruptcy ECF no.
17, 2018, I issued a Memorandum and Order denying
Appellant's motions (ECF nos. 6, 10) for a stay of
Bankruptcy No. 17-17032. (ECF no. 11).
next day, May 18, 2018, Appellant filed three motions in this
Court: two Motions to appoint pro bono counsel (ECF nos. 12
and 14), and a Motion for a "new hearing,
" (ECF no. 13). She also filed a letter in
Bankruptcy Court. (Bankruptcy ECF no. 181). The handwritten
letter is, for the most part, indecipherable. (Id.)
As of today's date, the Bankruptcy Court has not
addressed that letter.
Appellant's filing for a Motion for a new hearing, that
filing includes the following six documents: 1) a typed
and handwritten Notice of Motion, 2) a typed and handwritten
three-page letter in support of her motion, 3) a copy of what
appears to be Appellant's February 26, 2018
electrocardiogram results (also commonly referred to as an
"ECG" or "EKG") from Clara Maas Medical
Center,  4) an undated "To Whom it May
Concern" typed letter from an Acute Care Nurse
Practitioner at Newark Beth Israel Medical Center's